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JUNE 2021

ECA
 MAGAZINE

POSEIDON’S NEW
DESALINATION
VENTURE
Page 18

 INSIDE

President’s Message:
Our People Make Us
What We Are

Executive Direction:
Members First:
Poseidon’s Desal Plant

Safety Forum:
Take the Cyber Risk
Exposure Test

 MEMBER SNAPSHOT

TPG’S Kovac to
Lead ACPA
                         ecasocal.org
POSEIDON'S NEW DESALINATION VENTURE - Engineering ...
POSEIDON'S NEW DESALINATION VENTURE - Engineering ...
POSEIDON'S NEW DESALINATION VENTURE - Engineering ...
ENGINEERING CONTRACTORS’ ASSOCIATION

                                           ECA
                                                                                                                                        Contents

                                           MAGAZINE June 2021, Vol. 57, No. 6

   Legal experts.                            6 President’s Message                                                                           Executive Officers
                                                                                                                                      President – Garrett Francis
  Trusted advisors                                 Garrett Francis                                                                  Vice President – Michael Prlich
                                                                                                                              Vice President Infrastructure – Dave Sorem
                                                   Fryman Management                                                                Secretary – Rita Vigil-Ferguson
 to the construction                                                                                                                    Treasurer – Alan Ludwig
                                                                                                                                    Affiliate Chair – Scott Salandi*
  industry for over                          8 Executive Direction
                                                                                                                                                   Directors
      40 years.                                    Ray Baca, Executive Director                                                     Michael Baker* Gus Madrigal*
                                                                                                                                        Guy Barker* Kevin Malloy*
                                                                                                                                       Scott Barnett Daniel Martin
                                            10 Government Affairs                                                                  Mladen Buntich Tim McHale*
                                                                                                                                   Anna M. Carno* Anthony Niccoli*
                                                   Dave Sorem, Chair
                                                                                                                                       Barry Corea* Brandon Pensick
                                                                                                                                  Ryan H. Crosner* Dan J. Peterson*
                                            13 ECA Member News                                                                   Gene Glassburner Lou Rendon*
                                                                                                                                   Kristion Grbavac Brendan Slagle
                                                   · Kovac to Lead National                                                      Warren Hennagin* Elizabeth Torrez*
                                                     Industry Group                                                                        Nic Waldenmayer*
                                                                                                                                          *Denotes Affiliate Member
                                                   · Association Happenings
                                                                                                                                          Administrative Staff
                                                                                                                                   Executive Director – Ray Baca
                                            17 Industry News                                                                       Office Manager – Shelia Voss
                                                                                                                              Administrative Assistant – Paulina Pantoja

                                            18 Poseidon’s New Desal Venture                                                                     Committees
         Labor Rela ons                                                                                                                   Affiliate Committee
 Public Works & Prevailing Wage                                                                                                  Scott Salandi, Patriot Risk & Insurance
                                            20 Safety Forum: Cyber Security                                                               DIG Award Committee
 Construc on Claims & Li ga on
                                                                                                                                          Anthony Niccoli, AALRR
      Stop Payment No ces                   22 ECA Resources                                                                                 Safety Forum
Mechanics Liens & Payment Bonds                                                                                                    Chair, Gus Madrigal, Alcorn Fence
                                             Cover photo: In Carlsbad, the Bud E. Lewis Sea-
     Bidding & Bid Protests                  water Desalination Plant, owned by Poseidon Wa-                                                Legal Committee
          OSHA/Safety                        ter. See page 18 for story.                                                                  Anthony Niccoli, AALRR

    Construc on Contracts &                                                                                                         Government Affairs Committee
                                             13 Advertiser’s Index                                                                  Dave Sorem, Mike Bubalo Const.
      Front End Documents
                                             ECA Magazine - Since 1976, your resource to news and                                      Political Action Committee
          Real Property                      useful information about ECA member services,
                                                                                                                                        Scott Salandi, Patriot Risk
                                             contractors, manufacturers, and suppliers in southern
                                             California’s utility construction industry. Use it to help
                                                                                                                                         Scholarship Committee
       www.aalrr.com                         build your business future.
                                                                                                                                             Ray Baca, ECA

                                               Engineering Contractors’ Association                                                                     ·
 Thomas W. Kovacich, Partner
                                                                                                                                            John Simpson, Editor
  Anthony P. Niccoli, Partner                          714/937-5000 · Fax 714/937-5030                                      Email: Innovators@aol.com · Ph. 562/708-4601
                                                       2390 E. Orangewood Ave., Ste. 585
  12800 Center Court Drive South                              Anaheim, CA 92806                                                    P.O. Box 3384, Idyllwild, CA 92549
             Suite 300                                     Email: info@ecasocal.org                                           Industry Advancement Advocate– Bill Davis
     Cerritos, California 90703                        www.ecasocal.org
         562-653-3200                      ECA MAGAZINE (ISSN 0896-3169) serving Southern California construction, is published monthly at Anaheim, California, as the official
                                           publication of the Engineering Contractors’ Association. It is intended for the dissemination of news of Association activities as well as
  Cerritos | Fresno | Irvine | Marin       information to the general construction industry in such matters as labor relations, government relations, legislative direction and
                                           public relations. It is distributed throughout the 11-county Southern California area to contractors and suppliers with interests in sewer,
 Pasadena | Pleasanton | Riverside         pipeline, underground utilities, trenching, excavating and grading, tunnels, street and highway construction and related
     Sacramento | San Diego                engineering construction. Mail subscription requests to ECA Magazine, 2390 E. Orangewood Ave., Ste. 585., Anaheim, CA 92806.
                                           Subscription rates are $1 per issue or $10 per year (12 issues including Directory & Buyer’s Guide issue). There is no charge for ECA
                                           members or current advertisers. Graphic design and production by Innovators@aol.com.

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President’s Message

                                                                       Our People
                                                                       Make Us
                                                                       What We Are
                                                                                                  By Garrett Francis, ECA President
                                                                                                  Email: garrett@frymanmgmt.com

                                                                                                  W      hile flipping through chan-
                                                                                                        nels recently I came across a
                                                                                                  CBS TV show, Tough As Nails. I
                                                                                                  don't get to watch much television,
                                                                                                  but this show caught my attention.
                                                                                                     Through the uncertainty of 2020
                                                                     our industry was fortunate to keep working. Tough As Nails high-
                                                                     lights union workers, it has the typical cut away scenes of per-
                                                                     sonal strife and triumph of the contestants.
                                                                         The show's producers explain the show's intent this way:
                                                                         TOUGH AS NAILS is a competition series that celebrates
                                                                     everyday Americans who roll up their sleeves and don't think
10370 COMMERCE CENTER DR., STE. B200
                                                                     twice about working long hard hours and getting their hands
    RANCHO CUCAMONGA, CA 91730
                                                                     dirty, in order to keep their country running. Competitors who
                                                                     consider the calluses on their hands a badge of honor will be
                                                                     tested for their strength, endurance, life skills and, most impor-
                                                                     tantly, mental toughness in challenges that take place at real-
                                                                     world job sites.
                                                                         What it made me realize is, those who work for our compa-
                                                                     nies are the ones who keep our industry strong.

                                                                     Talk about hidden talents
                                                                         Another TV program showed me that our workforce is full of
                                                                     hidden talent, like the story of Chayce Beckham, a yard man for
                                                                     a southern California equipment rental company.
                                                                         Beckham, a country music troubadour with a lot of gravel in
                                                                     his voice, was announced as southern California’s first Ameri-
                                                                     can Idol winner. Not bad for a guy who works in our industry to fill
                                                                     contractors' rental needs. Beckham is giving up his seat in the
                                                                     equipment yard and moving to Nashville, where maybe, he'll
                                                                     write a song about being an equipment operator.
                                                                         “I'm just like your buddy down the street, I’m your co-worker,
                                                                     I'm your nephew, I'm your grandson,” Chayce Beckham told
                                                                     George Pennacchio, Channel 7 Eyewitness News’ entertain-
                                                                     ment editor. “Singing the songs that I got to sing and sharing my
                                                                     story, I feel like a lot of people know somebody like that.”
                                                                         Sounds like most of the people who toil in our industry.

                                                                     Our People Make Our Image
                                                                           In the office we sell our companies based on how we can per-
                                                                     form, our reputation and our image in the industry. The reality is
                                                                     if it weren’t for those who do the tough work and get the job done,
                                                                     we wouldn't have kept thriving through the pandemic and be-
                                                                     yond.
                                                                           I urge us all to take a second and thank the men and women,
                                                                     the boots on the ground, who have worked hard to keep our com-
                                                                     panies moving and check to see if any of them are singers. D

                                       E C A   M A G A Z I N E   6          J U N E     2 0 2 1
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Executive Direction

                                                               It’s All About
                                                               Members First
                                                                                           By Ray Baca
                                                                                           Executive Director
                                                                                           Email: ray.baca@ecasocal.org

                                                                                          T    he founders of the ECA had it
                                                                                              right when deciding upon what
                                                                                          a construction-focused associa-
                                                                                          tion should look like, and exactly
                                                                                          who it was they were serving.
                                                                                              “Championing the interests of its
                                                                                            members,” and, striving to be a “col-
                                                             lective influence in the advancement of the construction indus-
                                                             try in Southern California.” These words ring just as true today
                                                             as they did in the 1970's when first written.
                                                                  The ECA's Mission is driven by our “Members First” philoso-
                                                             phy as we quickly move to the next level in delivering tangible
                                                             value and supporting our members needs through proactive
                                                             project-based advocacy, interest-based labor relations, and
                                                             strategic public policy advancement.
                         ezondlo@sullicurt.com                    It is well known that our members perform a variety of under-
                                                             ground utility and infrastructure projects throughout the region
                                                             including the delivery of water, the removal of water (storm and
                                                             sanitary sewers, for example) and many other related services
                                                             with the various water agencies, water boards, public works de-
                                                             partments, and others. Along with this, the ECA endeavors to be
                                                             involved in helping to support projects as they move through the
                                                             gauntlet of regulatory governance.
                                                                 Once such project is the Huntington Beach Seawater De-
                                                             salination Plant that ECA's newest Affiliate Member, Posei-
                                                             don Water, has in late-stage development with state agencies
                                                             and the Coastal Commission. The plant will be a 50-million gal-
                                                             lon per day facility located adjacent to the AES Huntington
                                                             Beach Power Station and is scheduled to be operational by
                                                             2023.
                                                                 The project will be 100% carbon-neutral and will provide
                                                             Southern California with a drought-proof water supply that re-
 Carno Law Group’s Practice Focuses                          duces the need to import water from Northern California. It will
      On The Following Areas:                                create an estimated 2000 jobs during construction, millions in
Construction Law:                                            new tax revenues for local cities, and protect, restore, and en-
  Construction Disputes Both Public And Private              hance valuable coastal habitat including saving the Bolsa Chica
  Payment Disputes - Including:                              Wetlands—the largest restored coastal wetlands complex in
          Mechanics’ Liens                                   Southern California.
          Stop Notice Claims and                                 Down in Carlsbad, the Bud E. Lewis Seawater Desalina-
          Bond Claims                                        tion Plant owned by Poseidon Water currently produces 50-
  Licensure Issues                                           million gallons of fresh drinking water every day—over 75-billion
  Bid Protest Issues                                         gallons since 2015—for San Diego County residents and busi-
  Construction Defect Litigation                             nesses. It is producing and delivering into homes and busi-
  Surety and Insurance Disputes                              nesses high-quality water at an affordable cost of less than one
                                                             penny per gallon.
Business and Corporate Law:                                      The project has been such a success story that while much
  General Business Litigation                                of the state is in the “red” zone for drought, San Diego County
  Contract Drafting and Interpretation                       rests comfortably in the “yellow” zone because of the access
  Business Formation                                         they have to this drought-proof, climate-resilient water supply.
   www.CarnoLaw.com       (949) 540-0320                          Later in this issue you can read much more about the Hun-
       Email: acarno@CarnoLaw.com                            tington Beach Seawater Desalination Plant. D
 24031 El Toro Rd., Suite 260, Laguna Hills, CA 92653

                              E C A    M A G A Z I N E   8          J U N E     2 0 2 1
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Government Affairs

ECA
Building Your Business Future
On a Legacy of Success
                                                                 John Hakel -
                                                                 A Fond Farewell
                                                                                            By Dave Sorem, P.E.
                                                                                            ECA Government Affairs Chairman
                                                                                            email: dave@bubalo.com

                                                                                            D         ave Sorem’s note: We are
                                                                                                     letting our friend John Hakel
                                                                                               take his final bow in this month's
                                                                                               Government Affairs space. In typi-
                                                                                               cally modest fashion, John, in an-
                                                                                               nouncing his well-earned retire-
                                                               ment spent most of his time in this piece praising the efforts of
                                                               others in helping to grow the Rebuild SoCal Partnership. In my
                                                               role in this effort, I can tell you that John was a key component
                                                               to getting our group off the ground. Thanks John and if you
                                                               can actually do it, please enjoy a well-earned retirement.

                                                               Thanks for the Memories
 Legacy ! Mission ! Vision                                          As many of you already know, this will be my last official
           714/937-5000      FAX 714/937-5030                  week as Executive Director of the Rebuild SoCal Partner-
  2390 E. Orangewood Ave., Suite 585, Anaheim, CA 92806        ship. When I was tapped to build this organization, then known
  Email: info@ecasocal.org · Web site: www.ecasocal.org
                                                               as the Southern California Partnership for Jobs, in 2016 I had no
                                                               idea where this journey would ultimately take me.
                                                                    Our mandate heading in was to educate the public and pub-
                                                               lic officials on the need for responsible infrastructure funding. As
                                                               a group we have accomplished that and then some no question
                                                               about it.
                                                                    Soon after I arrived, the Partnership added Carol Church to
                                                               our staff who went on to become Director of Operations. She
                                                               soon added Director of Transportation to her title and is now
                                                               Deputy Executive Director. The partnership is now comprised of
                                                               a staff of six and now includes the following silos: airports,
                                                               bridges, ports, rail, roads, and water.
                                                                    Over the years we have seen some incredible achievements
                                                               such as overseeing the passage of SB1 (The Road Repair and
                                                               Accountability Act of 2017) and the ultimate defeat of Proposi-
                                                               tion 6 – Voter Approval for Future Gas and Vehicle Taxes and
                                                               2017 Tax Repeal Initiative (2018), which would have overturned
                                                               SB1.
                                                                    This past year, I have had the pleasure to serve on the board
                                                               of Mobility 21 and look forward to the Partnership continuing that
                                                               relationship with Carol Church serving out my term.
                                                                    As I bid you all a fond farewell, I am pleased to announce the
                                                               appointment of our new Executive Director, Jon Switalski. I
                                                               look forward to you all formally meeting him in the coming weeks
                                                               and months. I know that I am leaving the Rebuild SoCal Partner-
                                                               ship in excellent hands.
                                                                    I look forward to seeing where the future takes this endeavor
                                                               from here, it has been an honor and a privilege to work with each
                                                               one of you. D

                               E C A   M A G A Z I N E    10          J U N E     2 0 2 1
Engineering Contractors’ Association
                                    Political Action Committee

ECA/PAC
Building ECA's Political Strength
Join the ranks of ECA’s elite membership and ensure ECA’s
political success as a Platinum Circle or Gold Key PAC Sponsor.
       ECA’s Political Action Committee (PAC) supports state and local pro-job
   candidates that value and champion the benefits of new infrastructure
   development and ongoing infrastructure maintenance projects. We also
   look to provide our political backing to candidates who understand and
   support our ECA contractors, the construction industry and the men and
   women of our workforce.
       By becoming a Platinum Circle or Gold Key Sponsor you increase ECA’s
   political strength, and help our association elect good candidates to public
   office who will support the issues and causes important for advancing your
   business, our industry, infrastructure, job creation and a strong economy.
 Platinum Circle or Gold Key Sponsors benefits include:
                                                                                              Platinum Circle Sponsors
                                                                                                    Mike Bubalo
                       $5,000       • Pla num Circle Recogni on Dinner                              Construction
                                          o Preferred sea ng for 2
                                              (Private Event)                                     Mladen Buntich
                                    • Recogni on as a PAC Major Sponsors at all ECA Events        Construction Co.
                                    • Recogni on on ECA Website                               Butier Engineering, Inc.
                                    • Annual Shoot Out
                                          o Event recogni on as a Pla num Circle                      Cadiz, Inc.
                                              Sponsors
                                          o Event Tickets 4 Shooters                           Ferreira Construction
                                    • Annual Dig Awards                                         Southern California
                                          o Preferred Sea ng for 4                                    Group
                                              (Event ckets must be purchased separately)
                                          o Special Recogni on and Pla num Circle Lapel        J.F. Shea Construction
                                              Pin Presenta on held at this event
                                    • Annual Installa on of Officers & Silent Auc on                 Trench Shoring
                                          o Preferred Sea ng for 4                                    Company
                                              (Event ckets must be purchased separately)
                                                                                                 Gold Key Sponsors
                       $1,000       • Recogni on as a PAC Major Sponsors at all ECA Events       Alcorn Fence Company
                                    • Recogni on on ECA Website                                  Fryman Management
                                    • Annual Shoot Out
                                          o Event recogni on as a Gold Key Sponsors                Murray Company
                                    • Annual Dig Awards                                       Pascal & Ludwig Constructors
                                          o Preferred sea ng for 2
                                                                                                Patriot Risk & Insurance
                                              (Event ckets must be purchased separately)                Services
                                          o Special Recogni on and Gold Key Lapel Pin
                                              Presenta on held at this event                      Rendon & Associates
                                    • Annual Installa on of Officers & Silent Auc on              Trench Plate Rental Co.
                                          o Preferred sea ng for 2
                                              (Event ckets must be purchased separately)
                                                                                                 Trebor Shoring Rentals

                                                                                                    www.ecasocal.org
                                                                     2390 E. Orangewood Ave., Suite 585, Anaheim, CA 92806
                                                                                                             (714) 937-5000

                            E C A   M A G A Z I N E          12         J U N E     2 0 2 1
ECA Member News
                                                                Thompson Pipe’s
                                                                Kovac to Lead ACPA
   2021 Events
                                                                 B      ranimir Kovac, Vice President of ECA
                                                                       Member firm Thompson Pipe Group,
                                                                was confirmed as Chairman of the Ameri-
                                                                can Concrete Pipe Association (ACPA) at
                                                                their annual meeting in April.
            ECA Events                                               Kovac began his career as a contractor
           will be posted                                       and has more than 30 years of industry experi-
                                                                ence. In 2010 he joined Thompson Pipe Group
            as soon as                                          as the General Manager of the company's
                                                                Rialto location. Four years later, he was pro-
            gatherings                                          moted to company Vice President. He over-
             are again                                          sees the manufacture of reinforced concrete,
                                                                precast, and sanitary sewer divisions.
            permitted.                                               Kovac graduated from California State
                                                                University Long Beach with a bachelor's
                                                                degree in civil engineering and lives in South-
    ! ECA Board Meetings 1st                                    ern California with his family.
      Wednesday each month,                                          Kovac is the 114th ACPA Chairman in the
      ECA offices                                               association's 117-year history. As Chairman of the Board, Kovac leads the ACPA Executive
    ! ECA Safety Forum                                          Committee, which consists of five offices: Treasurer, Secretary, Vice Chair, Chair, and Imme-
      Meets quarterly, 10:00 a.m.                               diate Past Chair. Kovac is serving his fourth year on the Executive Committee. He will serve a
      ECA office, lunch provided.
                                                                one-year term as Chairman, followed by one year as an Immediate Past Chair.
                                                                     “I am honored to serve this venerable organization, which for more than a century has
      Advertiser’s Index                                        provided resources to producers, owners, and contractors,” says Kovac. “Educating and
Alcorn Fence Co......................................23         reminding the marketplace of the more than 100 years of proven resiliency and safety, finan-
Atkinson, Andelson, Loya, Ruud & Romo ..4
Ayala Boring............................................23      cial, and environmental benefits that concrete products provide will continue to be our top
The Blue Book ..........................................6       priority.”
Carno Law Group......................................8                                                                                   “Branimir will con-
Catalina Pacific Concrete.........................22
Cement Masons ......................................15                                                                               tinue to carry the torch
Coastline Equipment..................Back Cover                                                                                      forward, helping us
Conco Pumping ......................................22                                                                               continue to modernize
Dangelo Co.............................................23
Ditch Witch West ....................................11                                                                             the association in both
Ferreira Construction.................................6                                                                             how we go to market and
GMGS Insurance Svcs., Inc......................22
Golden State Boring & Pipe Jacking, Inc. .22
                                                                                                                                    in our marketing efforts,”
Inland Surety...........................................23      says Doug Dayton, P.E., ACPA President. “We look forward to his leadership in growing the
Bernard & Marcia Kamine, Esq. ...............22                 concrete pipe and box culvert market and engaging our growing membership base. The
Koppl Pipeline Service, Inc. .....................23
LiUNA.....................................................16
                                                                ACPA is grateful for the service of Immediate Past Chairman Bill Washabaugh of Northern
Max Adapter .............................................6      Concrete Pipe, who guided the association through a transition year dealing with COVID-19,
Mocon Corp............................................22        converting in-person events to online, restructuring dues, and enhancing our numerous
Monteleone & McCrory ....................16, 23
National Ready Mixed Concrete Co. .......15
                                                                committees and board's structure.”
Penhall Company ....................................10               The American Concrete Pipe Association (ACPA) represents the concrete pipe industry
Quinn Company .......................................2          in matters affecting the industry. ACPA members contribute to the improvement of the envi-
Sancon....................................................23
J.F. Shea Construction, Inc. ..................7, 23            ronment producing concrete pipe, engineered to provide a lasting and economical solution
Sullivan Curtis Monroe Insurance Svcs. ......8                  to drainage and pollution problems.
TPR Traffic Solutions ..................................9             Thompson Pipe Group is a family-owned company with the widest range of pressure,
Trench Plate Rental Co. .............................3
Trench Shoring Company ..........................5              drainage, sanitary, and trenchless pipes. Additionally, the company produces structures and
Video Fact ...............................................22    fittings, and provides logistics. Our
                                                                experienced team collaborates with
   Contact ECA at 714/937-5000 or                               partners to value engineer success-
       by fax at 714/937-5030                                   ful projects. Learn more at
      Email: info@ecasocal.org
    Send news releases or other                                 www.ThompsonPipeGroup.com D
      member information to:
           ECA Magazine,
     2390 E. Orangewood Ave.,
    Ste. 585, Anaheim, CA 92806
            www.ecasocal.org                                   E C A   M A G A Z I N E       13         J U N E    2 0 2 1
Available at a SPECIAL ECA Member Rate
                                                                         The NEW
GREENBOOK
     is Here...
                                                                                                                          The Standard Specifications for Public
                                                                                                                          Works Construction for 2021 are now
                                                                                                                          available from ECA for $100.00 each.
                                                                                                                              First published in 1967, Standard Specifications for
                                                                                                                          Public Works Construction (popularly known as the
                                                                                                                          “Greenbook”) promotes uniformity, and eliminates
                                                                                                                          conflicts and confusion, among the plans and
                                                                                                                          specifications used by local public agencies. It is the work
                                                                                                                          of an active volunteer committee of professional agency
                                                                                                                          members who are thoroughly versed in the changing
                                                                                                                          technology and advanced thinking of the construction
                                                                                                                          industry.
                                                                                                                              The new 2021 Edition brings the specifications in the
                                                                                                                          "Greenbook" completely up to date in accordance with
                                                                                                                          best practices and the latest technologies covering:
                                                                                                                                  + Construction Materials
                                                                                                                                  + Construction Methods
                                                                                                                                  + Existing Improvements
                                                                                                                                  + Pipeline Systems Rehabilitation
                                                                                                                                  + Temporary Traffic Control
                                                                                                                                  + Street Light and Traffic Signal Systems
                                                                                                                                  + Landscaping and Irrigation
                                                                                                                           The "Greenbook" is published every three years under the oversight of Public
                                                                                                                           Works Standards, Inc. (PWSI). The members of PWSI include the American
                                                                                                                           Public Works Association (APWA), Associated General Contractors of
                                                                                                                           California (AGCC), Engineering Contractors Association (ECA), and Southern
                                                                                                                           California Contractors Association (SCCA),

2021 “Greenbook” (Standard Specifications for Public Works Construction)
                                                                                                                                                                     Call
                                                                                                                                                                714/937-5000
                                             Number of Books _____ @ $100.00 each.             Subtotal $_____________
                                                                                                                                                                 Now to Order
                                             (Shipping & handling additional. No charge for ECA office pick up.)
NAME/TITLE...........................................................................................................................................

COMPANY..............................................................................................................................................

ADDRESS..............................................................................................................................................           FAX/Email ORDERS TO
CITY.......................................................................................... STATE.......... ZIP..................................                714/937-5030
PHONE................................................................... FAX........................................................................             info@ecasocal.org
SIGNATURE................................................................................................. DATE................................

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Exp...................... CVV Code........................

 ECA - 2390 E. Orangewood Ave., Ste. 585, Anaheim, CA 92806, Phone 714/937-5000, FAX 714/937-5030.
E C A   M A G A Z I N E   15   J U N E   2 0 2 1
Monteleone & McCrory, LLP
SHAPING THE LEGAL LANDSCAPE IN CONSTRUCTION

    Representing ECA Members For Over 60 Years.
     !   Contract Disputes                                 !   Bid Protests
     !   Change Orders & Extra Work Claims                 !   Construction Defects
     !   Delay / Disruption / Acceleration Claims          !   Licensure
     !   Changed Condition Claims                          !   Wage & Hour Claim Defense
     !   Mechanic's Lien / Stop Payment Notice /           !   OSHA Violation Defense
         Bond Claims

     725 S. Figueroa Street, Suite 3200, Los Angeles, CA 90017-5446 + Phone: 213.612.9900

                www.MMLawyers.com
                  E C A   M A G A Z I N E    16        J U N E   2 0 2 1
Industry News

Cal/OSHA Reverses
Covid Standards
                            A    fter first requiring that mask,
                                 social distancing and other
                         protections against the Covid-19
                                                                         N95s, to unvaccinated employees for voluntary use. After
                                                                         July 31, physical distancing and barriers are no longer re-
                                                                         quired (except during outbreaks), but employers must pro-
                         virus, the Occupational Safety and              vide all unvaccinated employees with N95s for voluntary
                         Health Standards Board                          use.
                         (Cal/OSHA) reversed those posi-                      Prevention Program: Employers are still required to
                         tions during an early June special              maintain a written COVID-19 Prevention Program but
                         meeting to return to their previous             there are some key changes to requirements:
                         guidance on these matters.                           ! Employers must review the California Department of
                               The reality is that the Standards                Public Health's Interim guidance for Ventilation, Fil-
                           Board ran into a buzzsaw, powered                    tration, and Air Quality in Indoor Environments.
                           by the Governor's office and an up-                ! COVID-19 prevention training must now include in-
   rising from business and citizen groups tired of the never-                  formation on how the vaccine is effective at prevent-
   ending war on an enemy that is in full retreat, with cases,                  ing COVID-19 and protecting against both transmis-
   hospitalizations and deaths near zero at press time.                         sion and serious illness or death.
       In a press release issued after the reversal, the agency               Exclusion from the Workplace: Fully vaccinated
   asserted the new approach was “The changes adopted by                 workers who do not have COVID-19 symptoms no longer
   the Board phase out physical distancing and make other                need to be excluded from the workplace after a close con-
   adjustments to better align with the state's June 15 goal to          tact.
   retire the Blueprint.'                                                     Special Protections for Housing and Transporta-
       Without these changes, the original standards, would              tion: Special COVID-19 prevention measures that apply to
   be in place until at least October 22. These restrictions are         employer-provided housing and transportation no longer
   no longer required given current record low case rates and            apply if all occupants are fully vaccinated.
   the fact that state administered 37 million vaccinations, cov-             Once approved and published, the full text of the re-
   ering 71 percent of all adults.                                       vised emergency standards will appear in the Title 8 sec-
       The revised emergency standards will go into effect no            tions 3205 (COVID-19 Prevention), 3205.1 (Multiple
   later as soon as they are approved by the Office of Admin-            COVID-19 Infections and COVID-19 Outbreaks), 3205.2
   istrative Law, usually within ten calendar days. Some provi-          (Major COVID-19 Outbreaks) 3205.3 (COVID-19 Preven-
   sions go into effect starting on July 31, 2021.                       tion in Employer-Provided Housing) and 3205.4 (COVID-
       The revised standards are the first update to                     19 Prevention in Employer-Provided Transportation) of the
   Cal/OSHA's temporary COVID-19 prevention require-                     California Code of Regulations. Pursuant to the state's
   ments adopted in November 2020.                                       emergency rulemaking process, this is the first of two op-
       The Board may further refine the regulations in the com-          portunities to readopt the temporary standards after the
   ing weeks to due to changes in circumstances, especially              initial effective period.
   as related to the availability of vaccines and low case rates              The Standards Board also convened a representative
   across the state.                                                     subcommittee to work with Cal/OSHA on a proposal for
       The standards apply to most workers in California not             further updates to the standard, as part of the emergency
   covered by Cal/OSHA's Aerosol Transmissible Diseases                  rulemaking process. It is anticipated this newest proposal,
   standard. Notable revisions include:                                  once developed, will be heard at an upcoming Board meet-
       Face Coverings:                                                   ing. The subcommittee will provide regular updates at the
       ! Indoors, fully vaccinated workers without COVID-19
                                                                         Standards Board monthly meetings. D
          symptoms do not need to wear face coverings in a
          room where everyone else is fully vaccinated and not
          showing symptoms. However, where there is a mix-
          ture of vaccinated and unvaccinated persons in a
          room, all workers will continue to be required to wear
          a face covering.
       ! Outdoors, fully vaccinated workers without symp-
          toms do not need to wear face coverings. However,
          outdoor workers who are not fully vaccinated must
          continue to wear a face covering when they are less
          than six feet away from another person.
        Physical Distancing: When the revised standards
   take effect, employers can eliminate physical distancing
   and partitions/barriers for employees working indoors and
   at outdoor mega events if they provide respirators, such as

                                E C A   M A G A Z I N E             17          J U N E    2 0 2 1
Member on the Job

An Ocean of
Opportunity

“Water, water everywhere,                                        quality water at an affordable cost of less than one penny per gallon.
Nor any drop to drink.”                                              This project has been such a success story that while nearly ev-
The Rime of the Ancient Mariner                                  ery other part of the state is in the “red” zone for drought, San Diego
Samuel Taylor Coleridge, 1798                                    County rests comfortably in the “yellow” zone because of the access

O        ne of the most famous and repeated lines in Eng-
       lish Literature comes from the 1798 Samuel Taylor
Coleridge poem, “The Rime of the Ancient Mariner.” In
                                                                 they have to this drought-proof, climate resilient water supply.
                                                                     Orange County has been eyeing the construction of a sister desa-
                                                                 lination plant since the late 1990's. The project is proposed to be lo-
this portion of the poem, the narrator is on a merchant ves-     cated on the same site where the AES Power Plant sits at PCH and
sel at sea. There is not a breath of wind and the sailors are    Newland in the City of Huntington Beach.
in the middle of the Atlantic Ocean bobbing in place and,            California's regulatory process is notoriously slow and deliber-
despite being surrounded by thousands of miles of water,         ate, but even by California's standards, while the effort to get this
may die of thirst.                                               needed water factory permitted have been exceptional but the prog-
     Similarly, in California we have a coastline with a near    ress has been slow. Often described as “two steps forward and one
infinite water supply, yet we regularly we see battle lines      step back,” the project received its initial regulatory approvals in
drawn between the farmers in Central California who need         2006 and again in 2010 with certified Environmental Impact Reports
water for their crops; the urban dense populace in Southern
California who need water for their families; and the envi-      Seawater Desalination will bring jobs,
ronmentalists who need water to protect endangered and
threatened fish populations in our creeks and rivers.
                                                                 tax revenue & new water supply to
     While these factions battle over who gets the larger        Orange County
slice of the pie, no one ever thinks the answer might be to
make the pie bigger so everyone's slice is larger.               by the City of Huntington Beach.
     Seawater desalination is a technology that has been             Since that time the project has been mired in a state regulatory
used for decades on U.S. Naval ships and in arid countries       process that makes the Abbott and Costello “Who's on First” routine
sitting on the coast like Israel, Saudi Arabia and Australia.    seem straightforward by comparison. The project has bounced from
     In 1962, President John F. Kennedy stated, “If we could     the Regional Water Quality Control Board to the Coastal Commis-
produce fresh water from salt water at a low cost, that would    sion to the State Lands Commission, back to the Regional Water
indeed be a great service to humanity, and would dwarf any       Board and now back to the State Lands Commission before finally
other scientific accomplishment.” President Kennedy              concluding near the starting line at the Coastal Commission. The
would be proud to see that we have, in fact, achieved his        State Lands Commission meeting is expected in the late summer or
goal.                                                            early fall and the Coastal Commission hearing is expected late in
     In Carlsbad, the Bud E. Lewis Seawater Desalination         2021 or early in 2022.
Plant, owned by Poseidon Water and built in 2015 by Kiewit           But through every step of the public hearing process, the Engi-
and Shea under a Project Labor Agreement with the San            neering Contractors Association along with the Pipefitters, Electri-
Diego-Imperial Counties Building and Construction Trades         cians and Labor Unions have stood up to be heard. Their voices
Council currently produces 50 million gallons of fresh drink-    have been full-throated and clear.
ing water every day – over 75 billion gallons since 2015 - for       Huntington Beach Desalination Plant is expected to support an
San Diego County residents and businesses. And it is pro-        estimated 3,000 urgently needed jobs during its construction period,
ducing and delivering into homes and businesses this high-       and an additional almost 300 permanent jobs once in operation.

                                   E C A   M A G A Z I N E        18        J U N E     2 0 2 1
Member on the Job
                                                                     duce our reliance on imported water and be more self-
                                                                     sufficient and sustainable locally.
                                                                         This project will free up imported water that can be used for
                                                                     other important priorities whether they be farming, fish or fu-
                                                                     ture regional growth.
                                                                         The desalination process itself is proven and environmen-
                                                                     tally safe. It takes two gallons of seawater to make one gallon
                                                                     of drinking water. The water is drawn through pipes that run
                                                                     underneath the beach and out into the ocean more than a thou-
                                                                     sand feet. There are wedgewire screens with slots narrower
                                                                     than the width of a dime. While there are some environmental
                                                                     impacts related to microscopic plankton and fish eggs, no ado-
                                                                     lescent or adult fish or other marine life are impacted by the de-
     These jobs are critically important as we emerge from a         salination process.
pandemic that has caused a spike in unemployment in Califor-             The brine – or seawater with twice the salt content – that
nia. These are good, high-paying jobs. In Orange County, the         goes back out to the ocean is diffused and within 300 feet of the
jobs supported during construction are expected to have an           outfall pipe, the salinity levels are the same as they are else-
average compensation of $77,000 per year. This number al-            where throughout the Huntington Beach coast.
most doubles for the permanent jobs supported during opera-              To mitigate the minor impact of the microscopic sea life that
tions which will have an average compensation of $130,000
per year.
     Additionally, the infusion of private investment dollars into
this water infrastructure project means millions in tax revenue
will flow into Huntington Beach and the surrounding communi-
ties supporting local schools and enhancing the funding for
parks, public safety and roads.
     Local governments that rely on sales and tourist dollars like
Huntington Beach could be revenue strapped for years.
     Thankfully, the project will contribute almost $9.0 million
per year in property taxes, of which approximately $1.5 million
annually will go to the City's General Fund and can be used for
police, fire and other public services. Approximately $3.7 mil-
lion annually would go the Huntington Beach elementary and
high school districts.
     This would make the Huntington Beach Project the largest
property taxpayer in the City of Huntington Beach and the 8th
largest property taxpayer in Orange County.
     The $8.6 million in property taxes paid by the project within
Orange County would represent an approximately 9.7% in-
crease in the City of Huntington Beach property taxes and a
3.7% increase in the city's total General Fund revenue.
     And of course, there is the added benefit of making the
“pie” bigger. This project will provide Orange County with
nearly 20 billion gallons of drinking water annually from a
source that was previously untapped. By adding a new climate
resilient water supply to Orange County's future, we can re-
                                                                     does get drawn in past the wedgewire screens, Poseidon Wa-
                                                                     ter has committed to protecting and preserving the Bolsa
                                                                     Chica wetlands. Poseidon will also restore an artificial reef off
                                                                     of the coast in Palos Verdes. The marine life benefits of these
                                                                     projects are an order of magnitude greater than the environ-
                                                                     mental impacts this project will have. So, at the end of the day,
                                                                     this project will be a net environmental benefit to the commu-
                                                                     nity. This project will provide thousands of jobs, deliver mil-
                                                                     lions in tax revenue and produce billions of gallons of water
                                                                     each year. All while protecting the environment and preserv-
                                                                     ing the Bolsa Chica wetlands.
                                                                         There is indeed “water, water everywhere” along our
                                                                     coast. And if we have the political will to make it happen, it can
                                                                     be available for us to drink. D
                                                                         All photos and cover: In Carlsbad, the Bud E. Lewis Seawater De-
                                                                     salination Plant, owned by Poseidon Water and built in 2015 by Kiewit
                                                                     and Shea under a Project Labor Agreement with the San Diego-
                                                                     Imperial Counties Building and Construction Trades Council currently
                                                                     produces 50 million gallons of fresh drinking water every day – over
                                                                     75 billion gallons since 2015 - for San Diego County residents and
                                                                     businesses.

                                   E C A   M A G A Z I N E           19        J U N E      2 0 2 1
Safety Forum

               E C A   M A G A Z I N E   20   J U N E   2 0 2 1
2021
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